Exports (Fresh Vegetables) Regulations (Amendments) (Cth)

Statutory Rules

1981 No. 219

REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions)Act 1905.

Dated this fifth day of August 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command.

PETER NIXON

Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs

 

AMENDMENTS OF THE EXPORTS (FRESH VEGETABLES) REGULATIONS 

Interpretation

1. Regulation 3 of the Exports (Fresh Vegetables) Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “appointed place” and substituting the following definition:

“ ‘appointed place’ means—

(a) a wharf, depot, railway station or railway siding, or an airport, at which or from which vegetables intended for export are to be stored or transported;

(b) a ship, railway wagon, road transport vehicle or container system unit, or an aircraft, used, or intended to be used, for the conveyance of vegetables for export; or

* Notified in the Commonwealth of Australia Gazette on 14 August 1981.

  Statutory Rules 1950 No. 53 as amended by Statutory Rules 1951 No. 128: 1952 No. 110; 1954 Nos. 10 and 48 1955 No. 19; 1956 Nos. 11 and 122; 1957 No. 35: 1959 No. 12; 1960 No. 39; 1963 No. 141; 1966 No. 50; 1969 Nos. 34 and 140; 1974 No. 228; 1977 No. 255; 1978 No. 39; and 1980 No. 121.

(c) a place appointed under regulation 12;”;

(b) by omitting from sub-regulation (1) the definition of “containers” and substituting the following definition:

“ ‘container system unit’ means a container (including a lift van, but not including a vehicle) designed for repeated use as a unit of cargo handling equipment in which goods are transported to, in and from ships or aircraft that are specially constructed, adapted or equipped to handle and carry containers of that kind;”; and

(c) by omitting sub-regulation (2).

Application of Regulations

2. Regulation 4 of the Exports (Fresh Vegetables) Regulations is amended—

(a) by inserting “or aircraft’s” after “ships’ ”; and

(b) by adding at the end thereof the following sub-regulation:

“(2) Where the Secretary certifies, in respect of vegetables specified in the certificate, that, for the purpose of experiment or on account of exceptional circumstances, it is desirable that the provisions of these Regulations that are specified in the certificate should not apply in relation to those vegetables, those provisions shall not so apply.”.

Prohibitions on the export of vegetables

3. Regulation 6 of the Exports (Fresh Vegetables) Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1) “the second column of the First Schedule in relation to the name or description of the vegetables” and substituting “Column 2 of Schedule 1 in relation to vegetables of that name or description”;

(b) by omitting sub-regulation (2);

(c) by omitting from sub-regulation (3) “the provisions of sub-regulations (1) and (2) of this regulation” and substituting “sub-regulation (1)”; and

(d) by inserting in sub-regulation (3) “or airports” after “ports”.

Trade description

4. Regulation 8 of the Exports (Fresh Vegetables) Regulations is amended—

(a) by omitting from sub-regulation (1) “the third column of the First Schedule opposite to the name or description of the vegetables” and substituting “Column 3 of Schedule 1 in relation to vegetables of that name or description”; and

 

(b) by omitting paragraphs (a) and (b) of sub-regulation (2) and substituting the following paragraphs:

“(a) be in the form of a principal label or brand affixed in a prominent position and in a reasonably permanent manner to one face of each package containing vegetables;

(b) be in legible characters—

(i) if printed, stencilled or applied by means of paper labels on wooden or fibreboard packages containing vegetables—at least 20 millimetres in height; or

(ii) if printed or stencilled on bags containing vegetables—at least 35 millimetres in height;

(ba) contain—

(i) a true description of the kind, grade and size of the vegetables; and

(ii) the word ‘Australia’ and the words ‘Produced in’ or ‘Product of’ followed by the name of the State or Territory in which the vegetables were produced; and”.

Preparation of fresh vegetables under supervision

5. Regulation 11 of the Exports (Fresh Vegetables) Regulations is repealed.

Export permit and certificate of examination

6. Regulation 17 of the Exports (Fresh Vegetables) Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) When the vegetables are brought to a wharf or airport for shipment, the exporter shall deliver the export permit to the officer of Customs performing duty in relation to the ship or aircraft by which the vegetables are to be exported.”;

(b) by inserting in sub-regulation (3) “or aircraft” after “ship”;

(c) by inserting in sub-regulation (4) “, if requested by the exporter,” after “shall”; and

(d) by adding at the end thereof the following sub-regulation:

“(5) The issue of a certificate by an officer under sub-regulation (4) does not constitute a service in respect of which a charge is payable under regulation 28.”.

Re-examination of vegetables and packages

7. Regulation 18 of the Exports (Fresh Vegetables) Regulations is amended—

(a) by omitting from sub-regulation (1) “containers” (wherever occurring) and substituting “packages”; and

(b) by omitting from sub-regulation (1a) “containers” (wherever occurring) and substituting “packages”.

Fees for officers’ services

8. Regulation 28 of the Exports (Fresh Vegetables) Regulations is amended by omitting from sub-regulation (4) the definition of “officer”.

Omission of heading

9. The Exports (Fresh Vegetables) Regulations are amended by omitting the heading “THE SCHEDULES”.

First Schedule

10. The First Schedule to the Exports (Fresh Vegetables) Regulations is amended—

(a) by omitting the headings “FIRST SCHEDULE”, “FIRST COLUMN”, “SECOND COLUMN”, and “THIRD COLUMN”, and substituting the heading “SCHEDULE 1”, “Column 1”, “Column 2”, and “Column 3” respectively;

(b) by omitting from the conditions and restrictions to be complied with (specified in the second column) in relation to vegetables named or described in the first column as “1. All vegetables” sub-clause (2) of clause 3 and substituting the following sub-clause:

“(2) After packing, the vegetables and their package are reasonably free from soil or other foreign matter.”;

(c) by omitting from the conditions and restrictions to be complied with (specified in the second column) in relation to vegetables named or described in the first column as “1. All vegetables” clause 4;

(d) by omitting from the provisions relating to trade descriptions (specified in the third column) in relation to vegetables named or described in the first column as “1, All vegetables” all words; and

(e) by omitting all words and figures from and including “2. Beetroot” and substituting the following words and figures:

2. Beetroot..........................................	1. The beetroot shall be— (a) similar in colour, shape and general appearance; (b) red in colour, young, bright, firm, well shaped and free from woodiness and pithiness; (c) free from wet and soft rots and other diseases; and (d) free from injury, shrivelling, growth cracks and excessive rootlets. 2. The flesh of the beetroot shall be uniformly red in colour. 3. The leaves of the beetroot shall have been cleanly cut to not less than 25 millimetres and not more than 40 millimetres of the top of the beetroot. 4. The beetroot shall be not less than 35 millimetres and not more than 100 millimetres in diameter.
3. Cabbages..........................................	1. The cabbages shall be— (a) sound, clean, reasonably firm, not wilted, compact and free from seed stalks that are showing or are beginning to form in the head; (b) of similar varietal characteristics and colour; (c) free from wet and soft rots and other diseases; and (d) trimmed so that leaves that do not enfold the head fairly tightly more than two-thirds of the distance from the base to the top have been removed. 2. The stem butts of the cabbages shall not be more than 10 millimetres in length. 3. The cabbages shall be firmly packed. 4. The cabbages shall have a mass of not less than 500 grams and not more than 3 kilograms.
4. Capsicums..........................................	1. The capsicums shall be sound, clean and of a shape and general appearance characteristic of the variety to which they belong. 2. The stem butts of capsicums shall not be more than 25 millimetres in length. 3. The capsicums shall be firmly packed. 4. The capsicums in a package shall all belong to one variety. 5. Capsicums shall be, in the ease of the Bell Pepper variety, not less than 50 millimetres in diameter, and, in the case of the Long Sweet Capsicum variety, not less than 25 millimetres in diameter.	The trade description shall indicate the variety to which the capsicums belong.
5. Carrots..........................................	1. The carrots shall be— (a) similar in colour, shape and general appearance; (b) bright, firm, well coloured and well shaped; (c) free from woodiness, seed stalks, pithiness, internal discolouration and excessive greening; (d) free from wet and soft rots and other diseases; and (e) free from injury, forking, shrivelling, growth cracks and excessive rootlets. 2. The leaves of the carrots shall have been cleanly cut to within 10 millimetres of the top of the carrots.	Carrots that are less than 25 millimetres in diameter and less than 100 millimetres in length shall be described as ‘Baby Carrots’.

 

6. Cauliflowers.....................

3. The carrots, other than baby carrots, shall be not less than 25 millimetres in diameter and not less than 100 millimetres in length.

1. (1) The cauliflowers shall be-

(a) similar in colour, shape and general appearance;

(b) fresh, compact and not discoloured or ricey;

(c) free from wilting, enlarged bracts and weather damage or other injury;

(d) free from wet or soft rots and other diseases; and

(e) trimmed so that no more than 4 wrapper leaves have been left on the head.

(2) For the purposes of sub-clause (1)—

‘enlarged bracts’ means leaves growing up through and extending above the flower head;

‘ricey’ means that the stems of the flower clusters have started to elongate, causing the clusters to separate and giving the head a loose, open or granular appearance.

2. The stem butts of the cauliflowers shall not be more than 10 millimetres in length.

3. The cauliflowers shall be firmly packed.

4. Each cauliflower shall have a mass of not less than 225 grams and not more than 3 kilograms.

5. Each cauliflower in a package shall be wrapped in a suitable material.

7. Celery...............................

1. The celery in a package shall be—

(a) similar in colour, length and general appearance;

(b) recently harvested, free from weather damage or other injury;

(c) free from wet or soft rots and other diseases; and

(d) trimmed so that the outer leaves and leaf stems are removed and the head cut to a common height.

2. The celery shall be firmly packed.

3. The length of the seed stalk of the celery shall not exceed twice the diameter of the head measured 50 millimetres above the point of attachment of the outer petioles.

4. The stem butts of the celery shall be not more than 5 millimetres in length.

5. The celery shall be individually wrapped in a suitable material.

6. The celery shall have a mass of not less than 500 grams.

8. Leeks................................

1. The leeks shall be—

(a) free from wilting;

(b) free from seed stalks that are showing woodiness, discolouration, weather damage or other injury;

(c) free from wet or soft rots and diseases; and

(d) trimmed so that the stem butts are cut so as to remove all roots and the leaves are cut so that the leeks are packed without bending or folding the leaves.

2. The leeks shall be firmly packed.

3. The leeks shall be not less than 20 millimetres in diameter at the narrowest part of the stem.

 

9. Lettuces..........................	1. The lettuces in a package shall be— (a) similar in colour, shape and size; (b) well formed, recently harvested and not wilted or discoloured; (c) free from weather damage, other injury, wet or soft rots and other diseases; (d) free from seed stalks that are showing or beginning to form in the head; and (e) in the case of hearting varieties—with single well-formed hearts and with all leaves removed that do not form part of the heart. 2. The stem butt of a lettuce shall be not more than 5 millimetres in length. 3. Each lettuce shall be completely wrapped in a suitable material. 4. The lettuces shall be firmly packed. 5. Each lettuce shall have a mass of not less than 225 grams.
10. Onions.........................	1. (1) The onions shall be (a) similar in colour, shape and general appearance; (b) firm, dry, well cured and well shaped; (c) free from wet or soft rots and other diseases; (d) free from injury, doubles, pipers, peelers, bottlenecks, scallions, root growth, sprouting and seed stems; and (e) topped. (2) For the purposes of sub-clause (1)— ‘bottlenecks’ means onions that have abnormally thick necks. ‘doubles’ means onions that have more than one distinct bulb visible externally; ‘peelers’ means onions that have part of the papery skin missing, exposing edible flesh; ‘pipers’ means onions that have a weak or hollow centre; ‘scallions’ means onions that have thick necks on poorly developed bulbs. 2. The onions shall be not less than 35 millimetres in diameter, except for onions the trade description of which includes the words ‘Pickler Grade’, which shall be not less than 10 millimetres and not more than 40 millimetres in diameter.	The trade description shall include the minimum and maximum diameters in millimetres of the onions in the package except for ‘Pickler Grade’ onions which shall be described as ‘Pickler Grade’.
11. Parsley.........................	The parsley shall be — (a) recently harvested and free from yellowed leaves; (b) free from seed stalks or flowers; and (c) tree from insect damage, weather damage, insects or diseases.
12 Parsnips........................	1. The parsnips shall be (a) similar in colour, shape and general appearance; (b) bright, firm, well shaped and uniformly tapered; (c) free from woodiness, seed stalks, pithiness and internal discolouration; (d) free from wet or soft rots and other diseases: and (e) free from injury, shrivelling, forking, growth cracks and excessive rootlets.

 

2. The leaves of the parsnips shall have been cleanly cut to within 10 millimetres of the top of the parsnips. 3. The parsnips shall be not less than 35 millimetres and not more than 100 millimetres in diameter and not less than 150 millimetres in length.
13. Potatoes...................................	1. (1) The potatoes shall be— (a) similar in colour, shape and general appearance; (b) bright, firm, dry, mature and well shaped; (c) free from wet and soft rots and other diseases; and (d) free from injury, shrivelling, greening, growth cracks, sprouting and second growth and not dumb-bell shaped or excessively elongated. (2) For the purposes of sub-clause (1), ‘mature’ means that the skin does not loosen or feather readily during ordinary methods of handling. 2. Each potato shall have a mass of not less than 30 grams.	The trade description shall show in grams the mass range of the potatoes in the package.
14. Swede turnips (rutabagas) and white turnips	1. The turnips shall be— (a) similar in colour, shape and general appearance; (b) bright, firm and well shaped and free from woodiness, seed, stalks, pithiness, internal discolouration and cavities; (c) free from wet or soft rots and other diseases; and (d) free from injury, shrivelling, growth cracks, excessive rootlets and large cut surfaces due to excessive trimming. 2. The leaves of the turnips shall be cleanly cut to within 10 millimetres of the top of the turnips. 3. Swede turnips shall be not less than 55 millimetres in diameter. 4. White turnips shall be not less than 35 millimetres in diameter.

Second Schedule

11. The Second Schedule to the Exports (Fresh Vegetables) Regulations is amended as set out in the Schedule.

 

SCHEDULE Regulation 11

Column 1	Column 2
Provision amended	Amendment
Heading......................	Omit “SECOND SCHEDULE”, substitute— “SCHEDULE 2 FORMS”.
Form 1........................	(a) Omit “Commerce and Agriculture”, substitute “Primary Industry”.
(b) Omit “crates*/bags*”, substitute “packages”.
Form 2........................	(a) Omit “Commerce and Agriculture”, substitute “Primary Industry”.
(b) Omit “Grade” from the table, substitute “Trade Description”.
Form 3........................	(a) Omit “Commerce and Agriculture”, substitute “Primary Industry”.
(b) Omit “Grade of Vegetables” from the table, substitute “Trade Description”.
Form 4........................	Omit “Commerce and Agriculture”, substitute “Primary Industry”.
Form 5........................	(a) Omit “Grade of Vegetables” from the table, substitute “Trade Description”.
(b) Omit “Commerce and Agriculture”, substitute “Primary Industry”.